BUL 3130 Exam 2 Questions and Answers

The largest body of Civil Law is - Answer-TORT law Three types of torts - Answer-Negligence, Intentional, Strict Liability Negligence - Answer-in order to prove a prima facie case one must prove there was a duty; breach of duty; the breach was the proximate cause of the damages. There must be actual damage Prima Facie - Answer-proving each "element" of the specific legal matter Slander has how many elements to prove a prima facie case - Answer-2 elements Negligence has how many elements to prove a prima facie case - Answer-4 elements In tort law a "reasonable person" is - Answer-whom we compare the conduct of the defendant at the time of the negligent act. Duty of Care - Answer-is what is owed by every member of society to others-people and property and animals. Intentional Torts - Answer-are those acts that someone "intended" to occur and proof thereof is made by examining all factors that existed before, at the time of and after the incident took place - these factors help prove intent The Doctrine of Transferred Intent - Answer-the result of action or inaction is transferred to the actual victim. A swings his fist at B (intending to strike B0 but B ducks and A hits C, C is the victim and the intent to strike B is transferred to C so C can recover damages. Strict Liability relates to Product Liability and provides (vicarious liability) a remedy when - Answersomeone is injured by acts or omissions to act, without regard to proving fault by the one committing the act.Assuming the Risk - Answer-only the one who is engaged in an activity can "possibly" assume a risk (not that person's relatives or next of kin) providing it can be proven that the person was told and understand each "risk" that were going to be exposed to Comparative Negligence - Answer-juries are permitted to compare the levels of negligence to determine if Plaintiff was in any manner at fault for the injuries s/he sustained, and if so then reduce a verdict by the amount Emotional Distress - Answer-requires proof of some form of physical symptom that manifested itself from the emotional trauma Doctrine of Fusion - Answer-actus reus and mens rea are proven in evidence law then a conviction results. Crimes are prosecuted by - Answer-any Governmental body Inchoate Crimes - Answer-do not have an actus reus-only the mens rea and are Conspiracy, Solicitation, Attempt Probable cause - Answer-the legal standard required to: obtain a search or arrest warrant; to make an arrest if a crime was committed before an officer of the law; and, to bind someone over for trial at a preliminary hearing on the charge(s). Reasonable suspicion - Answer-as to what an officer must have in order to approach an Felonies are charged - Answer-by an Indictment which comes out of a Grand Jury hearing where only the prosecutor is present and giving evidence of a crime for which the government seeks an Indictment. Misdemeanors are charged by a document known as an - Answer-Information which is compiled by a victim and the police.There are types of Pleas - Answer-Not Guilty; Guilty; NoloContendre-known as No Contest to the charges for which someone is in Court Proof of a crime must be proven - Answer-"Beyond a Reasonable Doubt. Joint tenants with right of survivorship (JTWROS) - Answer-any of the joint owners will inherit from another joint tenant what that joint tenant owned in the property when a joint tenant predeceases the other joint tenants Tenancy by Entirety - Answer-has the same characteristics as a JTWROS, but can only exist as between a husband and wife Tenants in Common - Answer-permits each such tenant use and occupancy of the entire property and does not indicate the amount of interest each tenant owns, meaning each tenant has an undivided interest in the entire realty Fee Simple and Fee simple Absolute - Answer-Total and complete ownership of realty (regardless of a lien(s) against the property existing, such as a mortgage). It is the highest and best form of property ownership. Life Estates - Answer-a life estate is best explained by the following: A gives to B a life estate in greenacre for and during her natural life. B is the life tenant who is required to maintain greenacre and not commit waste on or of the property. When B dies the property reverts back to A or his estate. Life Estatepur autrie vie - Answer-A gives a life estate to B as measured by the life of C. When C dies the life estate ends. Police power (governmental control of private land use) - Answer-the manner in which the government can control land use for the health, safety and welfare of its citizens. Example is found in zoning laws.